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المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 261

الترجمة · EN

The totality of this is that false testimony is one of the greatest of the major sins. Allah Almighty forbade it in His Book, alongside His prohibition of idols, for He said (Exalted is He): "So shun the impurity of idols and shun false speech" (Surat al-Hajj: 30). It is narrated from Khuraym ibn Fatik that the Prophet (peace and blessings of Allah be upon him) said: "False testimony is equivalent to associating others with Allah," repeating it three times. Then he recited His saying: "So shun the impurity of idols and shun false speech." Narrated by Abu Dawood. This is also narrated from Ibn Mas'ud as his own statement. It is also narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "Shall I not inform you of the greatest of the major sins?" We said: "Yes, O Messenger of Allah." He said: "Associating others with Allah and disobedience to parents." He was reclining, then he sat up and said: "Beware! And false speech, and false testimony." He continued to repeat it until we said: "Would that he had remained silent." It is agreed upon. Abu Hanifa narrated from Muharib ibn Dithar, from Ibn Umar, from the Prophet (peace and blessings of Allah be upon him) that he said: "The false witness, his feet shall not move until the Fire is made mandatory for him." So, whenever it is established before the judge against a man that he has intentionally testified falsely, he shall discipline him (ta'zir) and expose him, according to the opinion of most scholars. This is narrated from Umar (may Allah be pleased with him). Shurayh, al-Qasim ibn Muhammad, Salim ibn 'Abd Allah, al-Awza'i, Ibn Abi Layla, Malik, al-Shafi'i, and 'Abd al-Malik ibn Ya'la, the judge of Basra, also hold this view. Abu Hanifa said: "He is neither disciplined nor exposed, because it is an abominable and false statement, so he is not disciplined for it, just like zihar." Al-Tahawi narrated from him that he is to be exposed, though later scholars rejected that. Our position is that it is a forbidden statement that causes harm to people, so it necessitates punishment for the one who utters it, like insulting or false accusation (qadhf). It differs from zihar in two respects: first, it is specific to its harm. Second, it (zihar) mandates a burdensome expiation that is more severe than ta'zir; furthermore, because it is the statement of Umar (may Allah be pleased with him) and it has not been overturned by possibility.

الحواشي

(2) Surat al-Hajj: 30. (3) In: Chapter on False Testimony, from the Book of Judicial Procedures. Sunan Abi Dawood 2/274. Also reported by al-Tirmidhi, in: Chapter on what has been said regarding false testimony, from the Chapters on Testimony. 'Aridat al-Ahwadhi 9/173, 174, 175. And Ibn Majah, in: Chapter on False Testimony, from the Book of Judgments. Sunan Ibn Majah 2/794. And Imam Ahmad, in: al-Musnad 4/178, 233, 321, 322. (4) Its verification (takhrij) was previously mentioned on page 151. (5) Its verification (takhrij) was previously mentioned on page 52. (6) Reported by Waki' from Shurayh, in: Akhbar al-Qudat 2/309. (7) 'Abd al-Malik ibn Ya'la al-Laythi, the judge of Basra; he narrated from the Prophet (peace and blessings of Allah be upon him) in a mursal form, and died a few years after the turn of the century. Tahdhib al-Tahdhib 6/429, 430.

السابقمجلد 14 · صفحة 261التالي
السابق14·261التالي